U.S. SENATE JUDICIARY COMMITTEE ISSUES FINDINGS REGARDING THE DEATH OF 8-YEAR-OLD IN CUSTOMS AND BORDER PROTECTION CUSTODY

January 24, 2025

FOR IMMEDIATE RELEASE

Texas Civil Rights Project, media@texascivilrightsproject.org 

Haitian Bridge Alliance, media@haitianbridge.org

U.S. SENATE JUDICIARY COMMITTEE ISSUES FINDINGS REGARDING THE DEATH OF 8-YEAR-OLD IN CUSTOMS AND BORDER PROTECTION CUSTODY

The U.S. Senate Judiciary Committee concludes that CBP must make changes to prevent child deaths like that of Anadith Danay Reyes Álvarez

HARLINGEN, TX – Today, the U.S. Senate Judiciary Committee released a report entitled: “The Failure to Provide Adequate Care to Vulnerable Individuals In CBP Custody.” This report includes the committee's investigative findings regarding the death of Anadith Danay Reyes Álvarez in Customs and Border Patrol (CBP) custody.

Anadith Danay Reyes Álvarez, an 8-year-old girl, became sick while in CBP custody in 2023. CBP denied and ignored her mother’s repeated requests for medical care. Moments after being denied emergency care, Anadith passed away in her mother’s arms while in the CBP facility at just 8 years old. 

Soon after her death, the Texas Civil Rights Project (TCRP) partnered with the Haitian Bridge Alliance (HBA) to represent Anadith’s family, investigate Anadith’s death, and advocate for an end to the detention of child migrants. 

In its investigation of Anadith’s death, the Senate Judiciary Committee called for CBP accountability, concluding: “The circumstances that resulted in Anadith’s death were unfortunately not an aberration, but indicative of systemic problems with the provision of medical care in CBP facilities and CBP’s broader failure to properly oversee that case.” 

The Committee further noted: “Transparency is key to maintaining public trust and holding CBP accountable for the care provided in its facilities.”

“The Committee’s investigation revealed longstanding failures in the provision of medical care in CBP custody. Despite efforts to draw attention to CBP’s inability to provide adequate medical care, including by CBP’s Office of Chief Medical Officer (OCMO), many concerns were not sufficiently addressed, leading to the conditions that caused Anadith’s death in 2023.”

Specifically, the Committee identified systemic problems in the delivery of medical care that contributed to Anadith’s death:

• CBP failed to appropriately staff its facilities, negatively impacting the delivery of medical care. 

• CBP failed to properly document medical encounters and track critical information needed to adequately assess medical encounters. “Anadith’s case is a tragic example. Her medical history was documented” in CBP’s system, but medical staff and CBP personnel who interacted with Anadith and her mother “claimed to be unaware Anadith had sickle cell anemia or a history of congenital heart disease.” 

• CBP failed to empower medical personnel to seek emergency medical services without approval from nonmedical personnel.

• CBP failed to have clear agency guidance describing how to identify and monitor children who were considered medically at-risk.

• CBP failed to oversee its chosen third-party medical contractor.

• CBP failed to ensure functioning video cameras at the CBP Harlingen station where Anadith and her family were detained and failed to report the camera outage in violation of federal law. 

The Senate Judiciary Committee’s recommendations include the following:

• CBP should take immediate steps to shorten the time that medically vulnerable individuals spend in custody. 

• CBP should develop and enforce clear guidelines that prioritize the release of medically vulnerable people from custody.

• CBP should ensure greater accountability for its medical services contractor. 

• CBP should improve its electronic health record-keeping system to ensure medical histories are noted and communicated amongst staff, including CBP.

“The Senate Judiciary Committee's findings on Anadith’s death reaffirm what we know to be true — that greater transparency is key to CBP accountability. Anadith’s story is just one of many instances of CBP attempting to divert responsibility for their neglect,” said Rochelle Garza, President of the Texas Civil Rights Project. “As the landscape of our nation transitions with the new administration, we must remind the American public of the damage that has been done: the families that have been separated, the constant fear instilled in our communities, the children who have died in CBP custody, and what will continue if we do not take a stand. Now, more than ever, we all must demand transparency and insist that CBP implement the critical changes outlined in the Senate Judiciary Committee’s recommendations to prevent further tragedies.”

“This report is a stark reminder of the urgent need for comprehensive reforms within CBP,” said Guerline Jozef, Executive Director of the Haitian Bridge Alliance. “The Committee recognized in its report that Anadith's death could have been prevented and should continue to be a call to action for all of us to stand against brutal immigration detention conditions and policy. We demand immediate action to ensure that every child and vulnerable individual in CBP custody receives the care and protection they deserve. We echo Anadith’s parents in their call for change and for justice on behalf of their daughter whose dream was to become a doctor and care for others ” 

TCRP and HBA respectfully request that the press refrain from contacting Anadith’s family directly. If you have any questions please contact TCRP or HBA.

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About Texas Civil Rights Project

The Texas Civil Rights Project is boldly serving the movement for equality and justice in and out of the courts. We use our tools of litigation and legal advocacy to protect and advance the civil rights of everyone in Texas, and we partner with communities across the state to serve the rising movement for social justice. We undertake our work with a vision of a Texas in which all communities can thrive with dignity, justice and without fear.

About Haitian Bridge Alliance

Haitian Bridge Alliance (HBA), also known as “The Bridge”, is a grassroots community organization that advocates for fair and humane immigration policies and provides migrants and immigrants with humanitarian, legal, and social services, with a particular focus on Black migrants, the Haitian community, women and girls, LGBTQIA+ individuals, and survivors of torture and other human rights abuses. HBA also seeks to elevate the issues unique to Black migrants and builds solidarity and collective movement toward policy change. Anpil men chay pa lou (“Many hands make the load light”). Follow us on Twitter, Instagram, and Facebook: @haitianbridge